Federal Law of July 3, 2016 No. 337-FZ
Article 19.1. Register of members of a horticultural, horticultural or dacha non-profit association
1. Not later than one month from the date state registration of a horticultural, gardening or dacha non-profit association, in accordance with the charter of such an association, the chairman of the board of the association or another authorized member of the board of the association creates and maintains a register of members of the association.
2. Collection, processing, storage and dissemination of information necessary for maintaining the register of members of the association are carried out in accordance with this Federal Law and legislation Russian Federation about personal data.
3. The register of association members must contain:
1) surname, name, patronymic (if any) of a member of such an association;
2) postal address and (or) address Email on which a member of such an association can receive messages;
3) the cadastral (conditional) number of the land plot, the right holder of which is a member of such an association (after the distribution of land plots among the members of the association), and other information provided for by the charter of such an association.
4. A member of the relevant association is obliged to provide reliable and necessary information for maintaining the register of members of the association and timely inform the board of the association about changes in the specified information.
Sample Documents:
Application form for a member of a horticultural, horticultural, dacha partnership
To the board of SNT "____________" from the owner of the land plot No.
I ask you to enter the following information into the Register of Gardeners:
I confirm the accuracy of the information. When changing passport data and / or in the event of a change in the copyright holder, I undertake to notify the Board of the SNT within 10 days from the date of registration of the changes.
According to federal law dated July 27, 2006 No. 152-FZ “On Personal Data”, I give my consent to SNT “__________” for processing, namely, the performance of actions provided for in paragraph 3 of Art. 3, including using automation tools, my personal data specified in this Application, by any means not prohibited by the legislation of the Russian Federation, for the purposes determined by the Charter of the SNT "__________" and other locally normative documents and the provisions of SNT "__________". This consent is valid from the date of signing until the day of its withdrawal in writing.
__________________________________________________________________________________________
(signature, transcript of signature, date of completion)
Register of members (full name of the association in accordance with the Unified State Register of Legal Entities)
as of "____" ______________ 2017
Address (legal):______________________________
TIN: ____________________, OGRN: _________________
Creation date: "____" ____________ 20___
FULL NAME. chairman of the board:
Contact number:
Chairman of the Board ________________ /_____________________________
(signature) (signature transcript)
Note: The register must be numbered, laced and sealed.
According to statistics, every second Russian has a dacha, and a new dacha law 2019 is designed to both complicate and simplify the life of gardeners, but at the same time restore order in their ranks.
Save on membership fees!
Back in 2016, a new law on summer cottages. And although the document tightens certain requirements for the organization horticultural associations, it simultaneously gives certain concessions.
Thus, in the first draft of the bill it was assumed that the size of membership fees would directly depend on the number of acres (or the total area of plots owned by one person). The deputies were afraid that for some gardeners the new rate would become unbearable, so in the final version they decided to give the right to tie the size of the membership fee to the land to the gardeners themselves. It’s easier, because gardeners know their colleagues not only by sight, so it’s easier for them to understand whether their neighbors in the plot will pull the new amount of payment or not.
An important innovation was that all membership fee should now be directed to the "maintenance of property common use". This means that the chairman will not be able to spend the money collected over the summer on the improvement of the "path leading to his house."
On a note! The Federal Law-337 “On horticultural, horticultural and dacha non-profit associations of citizens” has undergone adjustments.
Get on the roll call!
The adopted law on dachas horticultural associations obliges to create a register with a listing of all members by name. New partnerships were obliged to provide a register one month after official registration.
The register must include detailed information about every outdoor enthusiast, including:
- name, surname and patronymic;
- address (postal or electronic) for sending various messages, including the time and date of the general meeting, as well as for sending copies of documents;
- cadastral number of the land plot;
- additional data that members of a particular dacha community deem necessary.
Each gardener must promptly inform the board of all changes in the data included in the register.
Important! Within 10 days from the sale of the site and the transfer of ownership to another person, the former owner must notify the board in writing.
Access is open!
It is valuable that the deputies endowed gardeners with the legal right not only to get acquainted with all the documents of the partnership, but also to receive copies of them. At the same time, the dacha law of 2019 clearly regulates that their cost cannot exceed the money that was spent on their manufacture. Since today most documents are created and sent using a computer, it is logical that gardeners will be able to receive the results of the general meeting vote and other important papers for free or for a nominal fee, for example, laying the cost of purchasing paper for printing copies in membership fees.
Among the documents that an amateur gardener can legally demand from the board are:
- the articles of association and amendments made to it;
- financial statements;
- protocols general meetings, meetings of the board and the audit commission;
- ballots with the results of voting, including if it was held in absentia;
- title documents for common property.
The new dacha law also establishes a ban on absentee voting when resolving the following issues:
- change of charter;
- statement new edition charter;
- liquidation or reorganization of the association;
- approval of income and expenditure estimates;
- consideration of the reports of the board and the report of the audit commission.
Who will pay for the roads and security?
Dacha residents did not have time to adapt to the law in 2016, when the innovations of 2019 arrived, which allow registration in a country house, abolish the concept of "dacha partnership" and instead of 5 contributions, they are allowed to pay only 2.
Only 3.5% of the plots today are located within the boundaries of settlements, where issues with the arrangement of common areas are, at the very least, being resolved. The rest of the summer residents own acres that do not appear among the lands of a particular village, village or city, while gardeners regularly pay land taxes, but are forced to solve all problems on their own.
There is one more nuance. Legislation allows building on garden plot home for permanent residence, but due to the imperfection of the law, their owners are deprived of various social guarantees.
Experts believe that another law on dacha horticultural associations will stimulate the remaining 30% of dacha owners to formalize land rights and automatically join the ranks of those who regularly replenish the budget with tax deductions. And this is quite reasonable: you have registered the right to land, you pay taxes, you receive state guarantees.
Experts fear that the adoption of this law may be put on the brakes due to the need for significant costs that will be required from the regional authorities. A change in the status of land presupposes the presence of a certain infrastructure - roads, transport links, a store, etc. To organize all this from scratch, of course, for local budget expensive, but one-time spending will turn into a regular increase in the treasury in the future due to incoming taxes.
Until the end of May, all Russian horticultural, horticultural and dacha associations must create registers of their members.
Such a norm, Nikita Chaplin, chairman of the Union of Summer Residents of the Moscow Region, explained to Rossiyskaya Gazeta, appeared in our country relatively recently. In July last year, amendments were made to the law on horticultural, horticultural and dacha non-profit associations of citizens, among which was an amendment on the need to maintain a register. As the head of the executive committee of the Union of Summer Residents of Russia Fedor Mezentsev clarifies, today they also keep records of members of various associations of summer residents. This is done by the general assembly. Why do you need a registry?
However, as Mezentsev explains, in order for the general meeting to be competent to make decisions, including on the admission of new members or the exclusion of old ones, a quorum is needed - this is 50 percent plus one vote from the general list of gardeners.
But to collect a quorum is the most difficult task. Not all summer residents spend the whole summer on their six acres and are ready to come to a meeting at any time. Most come only for the weekend, and even then not every week.
"The main difference between the register of members and the list of members is that the list is approved by the general meeting, and the register is maintained and approved by the board of the horticultural, horticultural or dacha partnership or cooperative," he emphasizes in a conversation with " Russian newspaper"Nikita Chaplin. - The registry is an operational document that is constantly changing."
The average annual contribution to a dacha association is 4-5 thousand rubles.
According to him, the list of association members is a document that is not subject to adjustment between general meetings: it is needed primarily for registration of property rights for those who have only membership books in their hands.
In the register of association members, information is updated as it changes (for example, when the owner of a land plot sells it or someone leaves the partnership). Since the dacha register reflects up-to-date information about all members, when preparing for the general meeting, the chairman of the partnership will be able to determine the quorum - how many people should come in order to make decisions.
Well, and, accordingly, this will provide an opportunity to notify each member of the partnership about the meeting and ask to attend it. "After all, all important decisions, for example, on the amount of contributions, are made at meetings," emphasizes Fedor Mezentsev.
Harvest from private gardens
There are 60 million summer residents in Russia
Membership in a gardening or gardening partnership is voluntary. But usually in each partnership up to 80 percent of the owners still become its members. And 20 percent are the so-called individuals.
However, as Mezentsev explains, if a person thinks that not joining the ranks of the SNT members exempts him from paying dues, he is mistaken. “Contributions do not go into the pocket of the chairman (although, of course, abuses are not uncommon, but this is a topic for a separate discussion), but for general needs - cleaning territories, building roads, equipping with electricity, drilling wells, removing garbage, clearing snow in winter, - explains Mezentsev. - And if some people pay, while others do not, but at the same time everyone will use the common infrastructure, then this is a fundamentally wrong approach." The average annual contribution to a dacha association is 4-5 thousand rubles for the whole country. True, in the Moscow region a little higher - 7-8 thousand rubles. But near the capital and the most expensive land.
As for the register of summer residents, today 70 percent have already acquired such a document Russian SNT. Recall that in the country there are 78 thousand horticultural, horticultural and country associations, over 60 million Russians are members of them. In other words, almost half of the country's population. They grow 40 percent of the total volume of fruit and vegetable products needed to meet the demand of the population per year.
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On the obligation to maintain a register of members.
The obligation to maintain a register of members of the SNT has always been. But the emphasis on this was made in 2016, with the next changes to the 66-FZ in force until the end of 2018. A separate chapter is devoted to the register of members in 217-FZ.
Let's figure out what the registry itself is. unified form the form for the register of members of the SNT is not established, however, if you read Art. 15 217-FZ, it becomes clear what should be displayed in it in without fail and where to get this information.
Who keeps the register of members.
According to 217-FZ, the register is maintained by the chairman of the board or any member authorized to do so. Yes, and there is no problem in maintaining it when it was handed over to you in some form. But when it is not there ... Read about this problem below.
The register of members must show:
1) surname, name, patronymic (the last - if any) of a member of the SNT;2) the address of the place of residence of the member of the SNT;
3) the postal address at which mail messages can be received by a member of the CNT, unless such messages can be received at the address of the place of residence;
4) e-mail address by which a member of the SNT can be received electronic messages(in the presence of);
Individuals may only be included in the membership register with their written consent. But, since they need to be notified in the same manner as the members about the holding of meetings, they themselves are interested in providing this information. The main thing is to tell them in time about their new rights and obligations from 2019!
So the law is written by those only for thousands garden associations that have already existed for more than 20 years, but also for those that will only be organized. Therefore, new partnerships will take all of the above information in its entirety from applications for membership in the partnership.
We strongly recommend that, in addition to the application for membership, duly executed (clause 5, article 12 217-FZ), to take from potential members and consent to the processing of personal data (a sample can be downloaded at the end of the article).
With new partnerships, everything is clear, but what about SNT with a long history, burned, lost, untransferred archives? Here you have to do hard work.
Please note that during the period of 66-FZ, being a member or an individual is a position of fundamental importance for most gardeners, since many gardeners see a way to save money in the very status of an individual. From 2019, 217-FZ will come into force and there will be no differences in the size of the fee. Everyone will pay the same, no agreements on the use of infrastructure facilities and public property will be needed.
How to restore the member register and why?
In addition to being a direct requirement of the current legislation, it is also an indispensable tool in the preparation and holding of general meetings. If no one has ever tried to cancel the decisions of general meetings in your SNT in court, then keep in mind that this does not mean anything. The first time can always happen.
At this point, you will have to thoroughly examine your list of members. Only already together with the court and active gardeners.
Only those members who, being owners of land plots (plots) on the territory of the partnership, were accepted as members by the decision of the general meeting, can get into the register of members. Only this way and nothing else.
It should be noted that in the 20-30-year history of any partnership, at least 20-30 general meetings should have been held. During this time, the plots were sold, the owners died, the heirs entered into the inheritance. Some sites have changed owners twice or even three times. Some gardeners bought neighboring plots and became happy owners of two, three or more plots. Some plots, on the contrary, were divided: either with allotment of shares in kind, or without allotment. There are still ways to withdraw from membership: voluntarily and by decision of the general meeting of members of the SNT. How many members will end up in the partnership, if you take into account all these factors.
In each SNT the situation is individual. We will tell you what documents can really be obtained, even if there are no protocols at all.
First of all, we order a duplicate of the resolution on the allocation of land plots. Such a decision, as a rule, is accompanied by a register of gardeners who are allocated land. This is our very first register of members, in which changes will be made with subsequent documents and events.
Next, we need to understand who is the owner and which plots on this moment. To do this, we order extracts from the USRR (preferably electronic). They indicate the name of the owner and from what moment the right of ownership was issued. If this information is not there, then you need to open an extract in txt format. In the resulting set of characters and codes, the name of the owner and the date of receipt of the certificate are indicated at the bottom of the document. You won’t bring such a document to the court, but to understand who owns the plot, it’s enough.
We compare two lists. If the full names match, then, preliminary, these are our members at the moment.
We are looking for intermediate documents: minutes of general meetings on the expulsion and admission of members, statements of voluntary withdrawal, court decisions.
If there is absolutely nothing, we turn to tax office at the location of the association. We order duplicates of all protocols available in the case. At the moment, for this it is necessary to write an application in free form and pay 200 rubles for each protocol. In the same way, you can get a copy of the charter of the partnership, including already inactive editions.
Protocols that you will be able to find most likely from 2002 and more late periods. They were submitted when changes were made to the Unified State Register of Legal Entities: a new chairman or new form Charter, even less often - a new legal address partnerships. But, besides this, these protocols may contain information of interest to us. If you were very lucky, then some of the documents were still attached with lists of members at that time. Then you will push yourself away from them.
If you became the chairman of the board relatively recently, the protocols were not handed over to you, then some documents can be found in the bank where the settlement account of the partnership is opened. The bank has no obligation to issue copies of such documents, although this is not secret information for the current chairman. This is already a test for your charm.
If your predecessor had an active arbitrage practice: recovery, contestation, etc., then in the case file, in any case, there are protocols. We get acquainted with the cases, we make certified statements. In addition, pay attention to the claims themselves and the decisions made. There are cases when members or non-members are recognized in court, for example, when considering a case for the collection of contributions. Moreover, lists of members may appear in cases. If the court accepted them as evidence and in the decision approved the number of members, in accordance with the specified list, then this is your current register of members as of the date of the court. Even if half of the gardeners listed as members had sold plots at the time of the trial.
In any case, it may turn out that not everyone who considers himself a member is actually (according to the documents, so that you have confirmation) they are.
But there is nothing wrong with that. All those who wish, upon application, can be accepted as members at the next meeting. This will not affect the amount of contributions / payments. But both you and the Gardeners will have a document that confirms membership in the SNT.